As we have discussed in this blog before, succeeding in your family law case is about more than just the facts, the evidence, and the law. Having all of these things on your side won’t help you at all if you are not in compliance with rules of procedure. One recent example of this was a case originally from Montgomery County, where a husband received a very unfavorable outcome in his divorce case. Since the husband waited too long to file his appeal challenging the trial judge’s decisions, he lost without the Court of Special Appeals ever even considering the merits of his arguments.
Each state has its own peculiarities when it comes to the minimum standard a married couple must meet to pursue a divorce. Some requirements in some states can be cumbersome, awkward, or embarrassing for the parties involved. In an effort to do away with some of these problems, Maryland lawmakers recently changed the divorce laws here. Under the modified statute, some divorces that previously required a third-party witness to testify as to the length of the spouses’ separation may now go forward without this third-party witness testimony.
In a case arising from a somewhat unusual marital settlement agreement, the Court of Special Appeals recently threw out a summary judgment order in favor of a husband who had persuaded the trial court that he had substantially complied with his financial obligations spelled out in that agreement. However, since the wife had presented enough evidence to raise a potentially triable case regarding whether a check she received from her husband was a payment under the agreement or a gift, the trial court should not have granted a summary judgment in favor of the husband.
The Maryland Family Law Code makes clear that parents are responsible for their child’s support, including their care, nurture, welfare, and education. While this may seem like a straightforward and reasonable legal concept, there are instances in which an alleged parent challenges this obligation or attempts to avoid the support obligation altogether. Local state agencies and courts work to ensure that a parent who is legally obligated to support a child actually fulfills that responsibility. In many divorce cases, a judge will require one party to pay monthly child support. To be sure that your financial interests are adequately protected upon separation from your spouse, you are encouraged to consult with an experienced Maryland family law attorney as soon as possible.
In a lengthy and complicated divorce case, the husband sought to avoid responsibility for child support by contending that he was not the father of a child conceived via in vitro fertilization under the plain meaning of Maryland’s artificial insemination statute. Specifically, the father alleged that the law does not encompass the process of in vitro fertilization from a donated egg and sperm, in which the child conceived and born bears no genetic connection to either of the parties.
It is not uncommon for a married couple to spend the first 25 to 30 years of their life together working and saving money to enjoy in retirement. Over the course of their lifetime, spouses often invest money in stocks, 401K plans, education plans, pension plans, real estate, and other investment opportunities. Ideally, the couple will have an opportunity to enjoy the results of their labor in retirement together. But an interesting phenomenon is taking place. A large percentage of the baby boom generation is seeking to divorce, resulting in some unexpected financial consequences. If you are considering a separation or divorce at any stage of your life, it is extremely important to protect your financial interests, including any investments. You are encouraged to contact an experienced family law lawyer, someone who understands the local divorce laws in Maryland.
According to a recent article, since divorce among people age 50 and older is so widespread, it is becoming known as a “gray divorce.” The author points out that divorce for this age bracket raises several unique concerns involving how each spouse will retire now that the so-called “nest egg” must be split in two. For instance, in a typical divorce, Maryland law allows for the periodic payment of alimony to one spouse. The ultimate goal of alimony is to give the “supported spouse” an opportunity to become self-supporting. When a court awards alimony, it is intended to be “rehabilitative alimony” for an allotted period of time to enable a dependent spouse to become self-supporting.
Couples with children who decide to divorce must address a series of significant and possibly life-changing issues. In addition to the division of property and spousal support, parents must also face matters of child custody and support. Ideally, parents will agree on the custody situation that is in the best interests of the child. Courts often get involved to approve the arrangement and decide on a fair amount of monthly child support. Keep in mind that parties are able to seek a modification of the amount in the future, should a change of circumstances occur. Courts take very seriously an individual parent’s obligation to make child support payments in a timely fashion and may be called upon to enforce the order. To be sure that your financial and legal rights are protected, you are encouraged to contact an experienced family law attorney as soon as possible.
Maryland law provides local state agencies with the authority to collect overdue child support payments. In a recent Maryland court of appeals case, a local county Office of Child Support Enforcement (the “Office”) attempted to collect a judgment of almost $10,000 against an obligor-parent for unpaid child support. Here, the Office requested a circuit court to issue a writ of garnishment against the obligor’s bank, which in turn suspended the obligor’s two accounts. Under Maryland law (Section 11-504(b)(5)), a judgment creditor may “attach assets” of a debtor to satisfy a money judgment.
A divorce case automatically becomes more complicated when the couple has children. Not only will the parties be expected to address and resolve issues of property division and spousal support, but also they will need to address the emotional and practical issues associated with parenting time and a child custody arrangement. The two most important matters to consider are legal and physical custody. In some unique cases, parents dispute the particular jurisdiction within which to resolve the dispute. In any divorce case, but especially one that involves children, the parties are encouraged to consult with an experienced Maryland family law attorney to be sure their family’s rights are adequately protected.
A recent Maryland divorce case illustrates how tricky a child custody matter can become once the parents begin disputing the jurisdiction of the court. The question centers on the court’s authority to entertain the issue of custody in the first instance. Here, while both parents are United States citizens, the mother is a native of Niger, and the father is a native of Senegal. The couple was living in Maryland when they got married in Niger while on vacation. Soon thereafter, the mother began working for the United Nations. The family moved to New York for her first assignment but maintained residences in Maryland to which they would travel every weekend.
The length of a divorce process in Maryland often depends on many different factors. Some of the more common variables include the parties’ relationship and whether they are amicable toward each other, the amount of assets and debts to be allocated, and whether there were any children born in the marriage. These are but a few of the many issues that affect the duration of a divorce case. A fairly new law in Maryland was enacted just last year to make the process simpler and easier for couples that mutually agree to divorce.
Most couples hope that their case goes smoothly and efficiently, with as little strife as possible. Clearly, this saves everyone involved time, money, and emotional hardship. Equally important is an assurance that your legal and financial rights are protected throughout the process. An experienced family law attorney in Maryland would be able to explain the laws applicable to your case, navigate the legal process, and work to preserve your rights.
The marriage of two people is a joyous event. A couple that decides to marry is expressing hope for their future lives together. Despite their love and devotion for each other, spouses sometimes enter into a “prenuptial” or “ante-nuptial” agreement prior to their wedding day. Such agreements may include various terms, depending on the circumstances of the parties, but they typically set forth the distribution of certain assets in the event of a divorce. Entering into a prenuptial agreement may be considered a prudent course of action, especially if one party has a significant amount of wealth at the time of the marriage. To determine whether a prenuptial agreement is right for your circumstances, you are encouraged to consult with a Maryland family law lawyer as soon as possible.
Essentially, a prenuptial agreement is a contract. And while there are no specific Maryland laws that govern prenuptial agreements, the formation and enforceability of such a document is subject to general principles of contract law. For instance, the parties must mutually agree to the terms of the agreement, which should be in writing. If a couple with a prenuptial agreement seeks to divorce, courts are often called upon to determine the validity of the document. In so doing, courts will look at whether: 1) the agreement was fair and equitable; 2) the parties each gave a full, complete, and truthful disclosure of their assets prior to document signing; 3) each party entered into the agreement freely, voluntarily, and knowingly; and 4) each party sought independent legal advice prior to signing the agreement.
According to statistics compiled by the National Center for Family and Marriage Research at Bowling Green State University, in 2014, people 50 years of age and older were two times as likely to get divorced as in 1990. And for people over the age of 65, the increase is even greater. A recent news article reports on this finding and the multiple suggested causes for this phenomenon. Interestingly enough, the law in Maryland was recently revised to make the path to divorce more streamlined and simpler to pursue. No matter the reason for this uptick, an increasing number of older Americans are seeking to divorce. The process can be messy and complicated – both emotionally and financially. To be sure you are adequately protecting your rights, as well as your family’s, it is important that you consult an experienced Maryland family law attorney as early in the process as possible.
The earlier version of the Maryland law required spouses to separate and live apart from each other for one year before they would be permitted to divorce. New legislation recently enacted does away with the one-year period, but only under certain circumstances. The new law eliminates the waiting period for couples who do not have minor children and who mutually agree to divorce and divide up their property. The law still requires parties with minor children to wait the year before allowing the divorce to go forward. Critics of the law oppose the ease with which couples may end a marriage, while supporters are in favor of the personal freedom to choose when it is time to dissolve the relationship.